Commercial Litigation

Commercial litigation deals with disputes that arise in the context of business and commercial activities. These disputes can involve a variety of issues such as contractual disagreements, business torts, corporate governance, and regulatory compliance. Buckley Lawyers has extensive experience in dealing with the below types of commercial disputes.

1. Contract Disputes:
   • Breach of Contract: Disputes over the non-fulfillment of contractual obligations.
   • Interpretation Issues: Disagreements about the meaning and implications of contract terms.
   • Termination and Enforcement: Issues related to the validity of contract termination and enforcement of contract terms.
2. Corporate and Partnership Disputes:
   • Shareholder Disputes: Conflicts between shareholders regarding the management or direction of the company.
   • Director and Officer Liability: Claims against company directors or officers for breaches of fiduciary duties.
   • Partnership Dissolutions: Disputes arising from the dissolution of partnerships and the distribution of partnership assets.
3. Trade Practices and Consumer Protection:
   • Misleading and Deceptive Conduct: Claims under the Australian Consumer Law (ACL) for false or misleading representations.
   • Unfair Trade Practices: Disputes involving unfair practices in business transactions.
   • Consumer Guarantees: Issues related to the breach of consumer guarantees under the ACL.
4. Intellectual Property Disputes:
   • Trademark Infringement: Unauthorised use of registered trademarks.
   • Patent Disputes: Conflicts over the infringement or validity of patents.
   • Copyright Violations: Unauthorised use or reproduction of copyrighted material.
5. Insolvency and Bankruptcy:
   • Insolvency Proceedings: Legal actions related to the insolvency of a business, including liquidation and administration.
   • Creditors’ Rights: Disputes involving the rights and claims of creditors in insolvency proceedings.

1. Local Court of NSW: Handles smaller commercial disputes, typically with claims up to $100,000.
2. District Court of NSW: Deals with intermediate-level disputes, with claims up to $750,000.
3. Supreme Court of NSW: Handles complex and high-value commercial disputes with no upper limit on the claim amount. It also has a specialist division, the Commercial List, for expedited handling of commercial cases.
4. Federal Court of Australia: Deals with federal matters, including corporate insolvency, competition law, and intellectual property disputes.

Commercial litigation is a complex and multifaceted process that requires careful navigation of legal procedures and strategic decision-making. Should you need any assistance regarding protecting your business interests and pursuing the most effective resolution strategy, contact Buckley Lawyers today on (02) 9220 1737.